Are Reviews/Critiques Excluded from Defamation?

Home / Legal Explainers / Media & Intellectual Property / Media / Defamation / Are Reviews/Critiques Excluded from Defamation?

Yes, if the review or critique of any public material or performance was made in good faith, then it is not considered an act of defamation. For example, if the author of the material has given permission for it to be reviewed by the public, then anyone making a statement against the same will not be held liable for defamation.

However, while a review or critique of a public material or performance was made in good faith is fine, a personal criticism about the creator that can insult their reputation can still be defamation. For example, it may be okay for you to critique Rushdie’s latest novel as ‘boring and dull’, but you can be punished for saying that “Only a boring and dull novel can be expected out of a nincompoop like Rushdie”.

Have a question you want to ask our legal experts?

Ask Nyaaya

Related Resources

What does the law say you can/cannot do?

While anything that lowers the authority of the courts can be considered as contempt, there are certain exceptions given in the law. These include innocent publication and distribution of matter, fair and accurate reporting of a judicial proceeding, fair criticism of judicial actions, complaint against presiding officers of subordinate courts and truth.

Social Media Advertisements

The MCC applies to all social media platforms. There are five categories of social media that are regulated under the MCC.

Print Media and MCC

All print media including newspapers have to follow the rules under the MCC.

What are the Forms of Defamation?

Saying or writing something which is harmful to a person's reputation, is called defamation. It’s against the law to intentionally harm someone’s reputation, cause them to be hated or disgraced through text, image, cartoons, caricatures or effigies.

Advertisements through Television and Radio 48 Hours before Elections

Advertisements or sponsored programmes or reports which support or criticize a candidate with an intention to influence the election cannot be broadcasted on the television or the radio.

What is the Punishment for Defamation?

If you say or write something to insult the reputation of a person, group of people or a company, a court can punish you for the crime of defamation. The punishment for defamation, in such cases, can be jail time up to 2 years and/or a fine.